conflict of law assignment of receivables

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Article Contents

I. Introduction
II. Hybrid nature of the assignment of receivables
III. Relationship between the assignor and the assignee
IV. Relationships with the debtor
V. Effectiveness against third parties
VI. Conclusion
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Cross-border assignment of receivables: conflict of laws in secured transactions

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Yuko Nishitani, Cross-border assignment of receivables: conflict of laws in secured transactions, Uniform Law Review , Volume 22, Issue 4, December 2017, Pages 826–841, https://doi.org/10.1093/ulr/unx052

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In the era of globalization, the determination of the law applicable to cross-border assignment of receivables is becoming a crucial issue. In light of highly divergent conflicts rules among various jurisdictions, this paper explores appropriate conflicts rules, with a view to paving the way for a future harmonization. The underlying study examines, in particular, the 2001 UN Receivables Convention, the 2016 UNCITRAL Model Law on Secured Transactions and other relevant instruments including the 2008 Rome I Regulation of the EU, as well as the Japanese, the US and other domestic legal systems in a comparative perspective.

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